Filed: May 11, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3634 _ James Spann, * * Appellant, * * v. * * Appeal from the United States James Purkett, Superintendent, FCC; * District Court for the Mike Gann, CCA, Farmington * Eastern District of Missouri. Correctional Center; Don Smith, CCA, * [UNPUBLISHED] Farmington Correctional Center; * Gordon Lewis, Lt., Farmington * Correctional Center; Marvin Johnson, * CO 1, Farmington Correctional Center, * * Appellees. * _ Submitted: May 6, 1998 Fil
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3634 _ James Spann, * * Appellant, * * v. * * Appeal from the United States James Purkett, Superintendent, FCC; * District Court for the Mike Gann, CCA, Farmington * Eastern District of Missouri. Correctional Center; Don Smith, CCA, * [UNPUBLISHED] Farmington Correctional Center; * Gordon Lewis, Lt., Farmington * Correctional Center; Marvin Johnson, * CO 1, Farmington Correctional Center, * * Appellees. * _ Submitted: May 6, 1998 File..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 97-3634
___________
James Spann, *
*
Appellant, *
*
v. *
* Appeal from the United States
James Purkett, Superintendent, FCC; * District Court for the
Mike Gann, CCA, Farmington * Eastern District of Missouri.
Correctional Center; Don Smith, CCA, * [UNPUBLISHED]
Farmington Correctional Center; *
Gordon Lewis, Lt., Farmington *
Correctional Center; Marvin Johnson, *
CO 1, Farmington Correctional Center, *
*
Appellees. *
___________
Submitted: May 6, 1998
Filed: May 11, 1998
___________
Before BOWMAN, Chief Judge, WOLLMAN, and MORRIS SHEPPARD ARNOLD,
Circuit Judges.
___________
PER CURIAM.
Missouri inmate James Spann appeals the district court&s1 grant of summary
judgment in favor of defendants in his 42 U.S.C. ยง 1983 action. After careful review
of the record and the parties& submissions, we conclude that the district court properly
granted defendants summary judgment on Spann&s failure-to-protect claim, as Spann
failed to produce evidence from which a jury could conclude that defendants acted with
deliberate indifference to a substantial risk of harm from other inmates. See Jackson
v. Everett, No. 97-2359,
1998 WL 156395, slip op. at 3 (8th Cir. Apr. 7, 1998).
Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
1
The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
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